​Classification: Notice of Action Date: 06/09/2015

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT

The Department of Environmental Protection provides Notice of Intent to Issue a permit for Lee County Utilities, Ms. Pamela Keyes, Utility Director, 1500 Monroe Street, 3rd Floor, Fort Myers, Florida 33901, who applied on September 27, 2014 for a permit to maintain a Class V, Aquifer Storage and Recovery (ASR) well system. The project is located at the Lee County Utilities Olga Water Treatment Plant (WTP) Aquifer Storage and Recovery (ASR) system, 1450 Werner Road, Alva, Florida 33920-3533, in the county of Lee. (File No. 0329721-001 & 002-UC/5SR; WACS No. 91581)
This permit for ASR-1 and ASR-5 will allow monitoring, well maintenance, and other activities as approved by the Department, but does not authorize injection. During this permit duration, the county will evaluate the future use of the ASR system beyond the 5-year term of this permit. ASR activities were last conducted in 2006 and the wells have not been used since then. ASR wells (ASR-1 and ASR-5) stored and recovered potable water in the Suwannee Limestone of the Floridan aquifer at depths between 859 and 925 feet below land surface (bls). There are two monitor wells, OW-1 and OW-3, to determine water quality and level fluctuations in the ASR zone of the Suwannee Limestone.
The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that a construction permit is required for the proposed work.
The Department will issue the permit unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S. Mediation is not available for this proceeding.
A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) in accordance with Sections 120.569 and 120.57, F.S. The petition must conform to the requirements specified in the Notice and be filed (received) within 14 days of publication of the Notice in the Department's Office of General Counsel, MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, agency_clerk@dep.state.fl.us. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will only be at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code.
The Petition shall contain the following information:
a. The name and address of each agency affected and each agency's file or identification number, if known;
b. The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination;
c. A statement of when and how the petitioner received notice of the agency decision;
d. A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
e. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;
f. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and
g. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action.
If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this intent. Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
The application, draft permit, and fact sheet are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, South District Office, 2295 Victoria Ave., Suite 364, Fort Myers, Florida 33901, and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Any additional information concerning this project may be obtained by contacting Neil Campbell, Engineering Specialist, at 850.245.8612.
LCU Ad No. 104
No.1501155
June 9, 2015